If you were injured as a passenger in a car accident in Virginia, you have the right to file a lawsuit. While as a passenger you’re generally considered a non-fault party, Virginia’s strict contributory negligence laws could still jeopardize your claim. That’s why securing the right Virginia car accident lawyer and building a strong legal strategy is essential.
At Tronfeld West & Durrett, we have over 50 years of experience managing these types of cases, and we want to share that knowledge today. In this blog post, you’ll learn all you need to know about filing a lawsuit as an injured passenger in Virginia.
Understanding Passenger Rights Under Virginia Law
Virginia law provides strong protections for passengers involved in motor vehicle accidents.
For example, Virginia Code § 46.2-20 mandates that all passenger carriers, including taxis, buses, and rideshare services, maintain adequate liability insurance to cover injuries or damages in the event of an accident. This ensures passengers have a pathway to seek compensation if injured during transportation.
Similarly, passengers in non-commercial vehicles have the right to pursue compensation for injuries sustained in accidents, regardless of their relationship with the driver. This includes the ability to file claims against the at-fault driver’s insurance for medical expenses, lost wages, and pain and suffering.
Liability for Passenger Injuries
Passengers are almost always considered non-fault parties in car accidents, making it easier for them to pursue compensation. Whether the accident was caused by your vehicle’s driver, another motorist, or external factors such as defective car parts, passengers typically don’t share liability unless their actions contributed directly to the incident.
The Role of Contributory Negligence in Passenger Claims
Virginia’s strict contributory negligence laws can impact passenger injury claims. If the at-fault party’s legal team argues the passenger contributed to their injuries—for example, by failing to wear a seatbelt or distracting the driver—the claim could be denied.
This is because Virginia bars recovery if the injured party is partially at fault, even by 1%. An experienced car accident lawyer can help build a case to counter such defenses.
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Who Can Be Held Responsible for a Passenger’s Injuries?
Determining liability in a passenger injury case often involves examining multiple parties to identify who is at fault. Depending on the circumstances, any of the following may be held responsible:
- The driver of the car you were in, if their negligence caused the accident.
- Another driver, such as in cases of rear-end accidents or T-bone collisions.
- Vehicle manufacturers, if a defect or malfunction played a role in the crash.
- Third-party entities, like construction companies or government agencies, if road hazards or improper signage caused the accident.
An attorney will investigate all aspects of the accident to identify the liable parties, counteract contributory negligence defenses, and ensure you receive the maximum compensation available.
Steps to Take as a Passenger After a Car Accident in Virginia
Here’s what you should do as a passenger immediately after a car accident:
Seek Medical Attention Immediately
Even if your injuries seem minor, seek medical treatment promptly. Some injuries, such as whiplash or internal damage, may not show immediate symptoms but can have long-term consequences.
Additionally, seeking medical attention allows you to obtain medical records and bills that demonstrate your injuries and the expenses you incurred due to the accident.
Collecting Evidence at the Scene
If possible, gather evidence at the accident scene. Take photos and videos of the vehicles, road conditions, and any visible injuries. Additionally, collect contact information from witnesses and obtain a copy of the police report to substantiate your claim.
Contacting Your Insurance Provider
Besides filing claims against the at-fault driver’s liability insurance, passengers injured in car accidents can utilize their own insurance policies for coverage, including MedPay, which pays for medical costs regardless of fault.
To effectively navigate the claims process, it’s essential to promptly report the accident to all relevant insurance providers and consult with a legal professional early.
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Filing a Claim as a Passenger in Virginia
To file a claim as a passenger in Virginia, you must clearly identify the at-fault party and document the damages caused by the accident. This involves compiling medical records, lost income documentation, and any other expenses resulting from your injuries.
After gathering the necessary evidence, the claim should be formally submitted to the appropriate insurance provider. Working with an attorney will ensure you follow all legal procedures correctly, giving you the best chance of securing a fair outcome.
Suing for Uninsured or Underinsured Drivers
If the driver responsible for the accident lacks sufficient insurance, you can file claims under your own uninsured/underinsured motorist (UM/UIM) coverage, which is often included in auto insurance policies. If available, this ensures you receive compensation even when the at-fault party’s coverage is inadequate.
How Long Do I Have to File a Passenger Injury Claim in Virginia?
Virginia’s statute of limitations gives injured parties two years from the date of the accident to file a personal injury lawsuit. Missing this deadline will bar you from recovering damages, so make sure you consult an attorney early to protect your claim.
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What Compensation Can You Recover as a Passenger?
Passengers injured in car accidents are entitled to several types of compensation, including:
Medical Expenses and Ongoing Care
Compensation can cover hospital bills, rehabilitation, therapy, and any necessary equipment. Medical expenses often represent the largest portion of a claim, especially for severe or long-term injuries.
Lost Wages and Loss of Future Earnings
If your injuries prevent you from working, you may recover lost wages. In more serious cases (where the accident affects your long-term earning capacity), you can be awarded additional damages to compensate for future income loss.
Pain, Suffering, and Emotional Distress
Non-economic damages, such as pain and suffering, address an accident’s emotional and psychological toll. In Virginia, passengers can also pursue compensation for mental anguish and diminished quality of life.
How Attorneys Help Handle Virginia’s Contributory Negligence Rule
Virginia’s contributory negligence rule makes personal injury claims challenging if the defense attempts to shift blame to the passenger. An experienced car accident lawyer in Virginia will:
- Gather evidence to eliminate any claims of contributory negligence.
- Negotiate with insurance companies to ensure fair compensation.
- Advocate for you in court, if necessary, to fight for your rights.
Tronfeld West & Durrett has decades of experience handling complex personal injury cases in Virginia. Contact us today to schedule a free consultation and discuss how we can assist with your passenger injury claim.
Call or text 800-321-6741 or complete a Free Case Evaluation form